 Bush had nominated him on June 9, 2006 to fill a vacancy on that court left by retired judge William Henry Barbour Jr.. Southwick had a hearing before the Senate Judiciary Committee on September 19, 2006 and was reported favorably to the floor of the Senate by the Committee on September 29, 2006.However, Southwick, like many other judicial nominees, failed to receive a vote by the full Senate before the 109th Congress adjourned for good on December 9, 2006.Pursuant to Senate rules of procedure, his nomination, along with many others, was returned to the President.